Common Law Spouse Rights in Ontario: What Are You Entitled To?
Living together creates specific legal obligations—but they aren't the same as marriage. Learn your rights regarding support, the family home, and your partner's pension.
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Legal Review: This rights guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Act provisions for unmarried couples.
The Quick Answer: What Do I Get?
In Ontario, common law spouses (living together 3+ years or having a child) have the same right to Spousal Support and Child Support as married couples. However, they have NO automatic right to Property Division (Equalization) and NO right to stay in the family home if they do not own it.
To claim a share of property, a common law partner must prove they contributed value to the relationship through a legal claim called 'Unjust Enrichment' or 'Constructive Trust'.
Your Legal Entitlements Explained
Spousal Support
If you meet the 3-year rule (or have a kid), you can claim alimony based on the SSAGs just like a married person.
Assets & Debts
You generally keep your own assets and debts. You do not split the increase in value of your assets.
Possession
If your name isn't on the deed, you can be evicted. You do not have the special 'Part II' matrimonial home protections.
How to Claim Property (The Hard Way)
The Concept
Unjust Enrichment
If you worked unpaid in your partner's business or paid for renovations on their house, you enriched them at your expense. The law recognizes this as unfair and allows you to claim compensation for the value you created.
The Remedy
Constructive Trust
You can sue for a share of the value you created. Courts look for a "Joint Family Venture" where you acted as an economic team—pooling resources, making joint decisions, and building wealth together.
Steps to Protect Your Rights
Sign a Cohabitation Agreement
The only way to get "married rights" without marrying.
Keep Finances Separate
If you don't want to share, keep accounts separate. If you *do* want to share, put both names on the title.
Update Beneficiaries
Common law spouses don't automatically inherit. You must name them in your Will and Insurance policies.
Document Contributions
Keep receipts of any money you spend on your partner's property.
Common Law Rights FAQs
No. CPP credits can be split, but private pensions are not automatically divided unless you have a court order for Constructive Trust.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor advocates for the rights of common law partners, helping them secure fair support settlements and litigate complex constructive trust claims.
View Full BioNot Married? You Might Walk Away With Nothing.
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